Topic
Evidence
Posts
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CommentaryVol. 92 · Iss. 3
Epilogue: Moral Panics and Body Cameras
This brief follow-up to Moral Panics and Body Cameras comments on the weeks after that essay was published and what those events show about…
Howard M. Wasserman -
CommentaryVol. 92 · Iss. 3
Moral Panics and Body Cameras
This Commentary uses the lens of “moral panics” to evaluate public support for equipping law enforcement with body cameras as a response and solution…
Howard M. Wasserman -
NoteVol. 92 · Iss. 3
Throwing a Toy Wrench in the “Greatest Legal Engine”: Child Witnesses and the Confrontation Clause
Cross-examination of witnesses has often been called the “greatest legal engine ever invented for the discovery of truth.” Enshrined in the Confrontation Clause of…
Jonathan Clow -
ArticleVol. 91 · Iss. 4
The Anomaly of Entrapment
Now in our second decade after 9/11, we are firmly in the prevention era of law enforcement. Faced with the unacceptable consequences of identifying…
Jessica A. Roth -
CommentaryVol. 91 · Iss. 2
The Federal Media Shield Folly
News organizations have pushed for a federal law protecting journalists from compelled disclosure of confidential sources and unpublished information since the Supreme Court ruled…
Brad A. Greenberg -
CommentaryVol. 97 · Iss. 1
Perjury by Omission
“Do you swear to tell the truth, the whole truth, and nothing but the truth?” There are few legal phrases that the layperson can…
Ira P. Robbins -
ArticleVol. 98 · Iss. 2
Copyright and the Brain
This Article explores the intersection of copyright law, aesthetic theory, and neuroscience. The current test for copyright infringement requires a court or jury to…
Mark Bartholomew -
NoteVol. 90 · Iss. 6
When the Facts and the Law Are Against You, Argue the Genes?: A Pragmatic Analysis of Genotyping Mitigation Defenses for Psychopathic Defendants in Death Penalty Cases
The penalty phase in a capital case represents the most challenging, yet important part of the trial. Once a trial progresses to this stage,…
Brett Walker -
NoteVol. 98 · Iss. 1
Lies Behind Bars: An Analysis of the Problematic Reliance on Jailhouse Informant Testimony in the Criminal Justice System and a Texas-Sized Attempt to Address the Issue
The advent of DNA technology in the late 1980s led to a wave of exonerations in the United States, shedding light on major problems…
Luke G. Allen -
CommentaryVol. 89 · Iss. 5
A Due Process Right to Record the Police
Do citizens have a right to record the actions of law enforcement officers? This topic has been the subject of considerable discussion, and no…
Glenn Harlan Reynolds & John A. Steakley